HARRY HUGHES, Governor

2139

DEPARTMENT FOR A HEARING OR UNLESS THE DEPARTMENT, ON ITS OWN,
SHALL REDETERMINE THE FEE.

(5) THE DEPARTMENT SHALL PROMULGATE RULES AND

REGULATIONS, ESTABLISH AUDIT PROCEDURES FOR THE AUDIT OF

LICENSEES, AND PRESCRIBE AND PUBLISH FORMS AS MAY BE NECESSARY TO
EFFECTUATE THE PURPOSES OF THIS SECTION.

(d)  As a condition precedent to the issuance or renewal of
a license, the Department shall require satisfactory evidence
that the applicant has implemented or is in the process of
implementing State and federal plans and regulations to control
pollution related to oil, petroleum products, and their
by-products and the abatement thereof when a discharge occurs.

(e)   [Any person who violates subsections (b) through (d) of
this section is guilty of a misdemeanor and upon conviction in a
court of competent jurisdiction is subject to a fine not
exceeding $10,000.] ANY PERSON WHO VIOLATES SUBSECTION (B) OR (C)
OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND UPON CONVICTION IN
A COURT OF COMPETENT JURISDICTION IS SUBJECT TO A FINE NOT
EXCEEDING $10,000 PLUS ANY ACCRUED BUT UNPAID LICENSEE FEES.

(f)  There is a Maryland Oil Disaster Containment, Clean-Up
and Contingency Fund for the Department to use to develop
equipment, personnel, and plans; for contingency actions to
respond to, contain, clean-up, and remove from the land and
waters of the State discharges of oil, petroleum products, and
their by-products into, upon, or adjacent to the waters of the
State; and restore natural resources damaged by discharges. The
cost of containment, clean-up, removal, and restoration shall be
reimbursed to the State by the person responsible for the
discharge. The reimbursement shall be credited to the Fund. The
Fund shall be limited [to the sum of $1,000,000.] IN ACCORDANCE
WITH THE LIMITS SET FORTH IN THIS SECTION. To this sum shall be
credited every license fee, fine, if imposed by the circuit court
for any county, and any other charge related to this subtitle. To
this Fund shall be charged every expense the Department of
Natural Resources has which relates to this section.

(g)  Money in the Fund not needed currently to meet the
Department of Natural Resources' obligations in the exercise of
its responsibility under this section shall be deposited with the
State Treasurer to the credit of the Fund, and may be invested as
provided by law. Interest received on the investment shall be
credited to the Fund. The Secretary of Natural Resources shall
determine the proper allocation of the moneys credited to the
Fund only for the following purposes:

(1)  Administrative expenses, personnel expenses, and
equipment costs of the Department related to the purposes of this
section.

(2)  Prevention, control, containment, clean-up, and
removal of discharges into, upon, or adjacent to waters of the